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The Criminal Code is a fundamental law of the Spanish criminal law, because it is a limit to the ius puniendi (or «right to punish») of the State. The Code was enacted by the Spanish Parliament on 8 November 1995 [1] and it was published in the Official State Gazette (BOE) on 23 November. [2] The Code is in force since 25 May 1996. [2]
Homicide, according to the Spanish Criminal Code of 1995, is a crime which contravenes the legal right to "independent human life". It is found in article 138 which states: "Whoever kills another shall be convicted of manslaughter, punishable with a sentence of imprisonment from ten to fifteen years".
The Spanish Civil Code regulates the interpretation of laws in Spain, and establishes the following: 3.1. Laws are to be interpreted according to the proper meaning of their words, in relation to their context, historic and legal records and the social reality of the time in which they have to be applied, paying particular attention to the ...
Article 70 of the Spanish Criminal Code of 1973 prescribed a maximum length of physical imprisonment of up to 30 years (there is no sentencing limit), and Henri "Unai" Parot was sentenced to a total of 4,797 years. This 30-year maximum could be further reduced by good behaviour and participation in rehabilitative measures such as work and study.
After the last reform of the Spanish Criminal Code, in force since July 1, 2015, another circumstance that turns homicide (homicidio) into assassination is the desire to facilitate the commission of another crime or to prevent it from being discovered.
Insults to the Crown (The king and royal family as institution representative of the whole nation) are a criminal offense in Spain, according to articles 490.3 and 491 of the Spanish Criminal Code. [14] This crime is controversial amongst different political forces. [15]
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Instances of robbery are particularly widespread in Spain, as of 2020 Spain had the second highest recorded instances of theft in the EU. [3] One of the often cited reasons for this is a national law that states that theft of anything worth less than €400 ($459) is not a crime, but a misdemeanor.